APPENDIX 14-I-G
Guidelines for monitoring the performance of EOU/SEZ/STP/EHTP units
(1) The annual review of performance of each operational unit and its compliance with the conditions of approval shall be undertaken by the Development Commissioner before the end of the first quarter of the following financial year;
(2) A summary of annual performance review will be sent by each Development Commissioner to the Ministry of Commerce for information under the three formats indicated below latest by 30th September every year;
Proforma I: Comparative statement of performance and monitoring as compared to previous year;
Proforma II: Summary of annual performance of the EOU/SEZ units, sector-wise with sectoral sub-totals.
Proforma III: Unit-wise statement on NFE showing the result of review.
PART (A)
3. CRITERIA FOR ANNUAL MONITORING:
The criteria for keeping the unit under watch or initiating penal action in respect of EOU/SEZ units would be as follows:
i) Watch-If there is shortfall in achieving the NFE as per norms in EOU/SEZ Scheme at the end of 1st and IInd year;
ii) Issue of show cause notice -At the end of 3rd or subsequent year if positive NFE is not achieved as per EOU/SEZ Scheme, Show Cause Notice will be issued. After the completion of first five years, if it is noted that the unit has not achieved positive NFE, as per EOU/SEZ Scheme the Development Commissioner would initiate penal action under the FT (D&R) Act, 1992;
iii) No action to be initiated if the Development Commissioner, on the receipt of reply from the unit, is satisfied that the shortfall has been on account of genuine reasons.
(iii) For failure to achieve positive NFE during the course of 5 years after completion of one year from the date of commencement of commercial production, a ‘cautionary letter’ may be issued.
(Above Sub-Para (iii) has been added vide
PN. NO. 45/2005, DT. 31/08/2005)
4. METHOD OF MONITORING:
(i) In all cases of exit from the Scheme where the unit has imported inputs and failed to fulfil the conditions of LOP with regard to NFE, appropriate steps are to be taken for penal action after issuing Show Cause Notice to the units. Steps may also be initiated for cancellation of LOP/LOA of units, which is not operating for more than a year;
(ii) NFE is to be calculated as per Para 6.10.1 to 6.10.4 of the Chapter 6 and Para 7.12.1 to 7.12.4 of the Chapter 7 of the Handbook of Procedures (Vol.-I). For purpose of uniformity, guidelines for calculation of NFE is given in EOU/SEZ Scheme may be followed.
5. MONITORING PERIOD
Units which have not completed one year, from the date of commencement of commercial production, will not be monitored In case a unit has completed less than five years from the date of commencement of commercial production it will be monitored for the number of completed years. Annual monitoring in the cases of old units which have completed more than five years will be undertaken for only such number of years which fall in the second block of five years
6. OTHER CONDITIONS
Development Commissioner will monitor Foreign Exchange realization/remittance of EOU/SEZ units in coordination with the concerned General Manager of RBI as per instructions issued on the subject vide RBI circular No. COEXD. 3109/05.62.05/99-2000 dated 21.2.2000.
PART B: SCHEME SPECIFIC CONDITIONS
7. Concurrent joint monitoring of EOU units:
(a) The performance of EOUs would be jointly reviewed by the Development Commissioners of SEZs and concerned Customs / Central Excise Officers on six monthly basis i.e. April - September each year to be completed in the following quarter on the basis of QPRs/APR to be furnished by the EOUs. The formats of QPR/APR have been prescribed in the LUT at Appendix 14-IF.
(b) Joint review of NFE of the EOUs would be conducted by the DC / JDC and jurisdictional Deputy Commissioner/Asstt. Commissioner of Customs and Central Excise in the office of Commissioner of Customs/Central Excise where representative of units would also be invited. This will help them to understand the scheme and clear the doubts about operation. The Development Commissioners are advised to identify the number of Customs and Excise Commissioners, where the meetings are to be held and work out a scheduled for visiting each of these places. It is suggested that at least two places should be visited each month, so that all places are covered within a period of three months. Some places may be covered by JDC and in the next six months, these could be interchanged between JDC and DC.
(c) For publicising the scheme, advertisement in the local papers may be arranged before the date of such meetings. Promotion programmes may be organised in collaboration with local industry, Association or any other organisation, which has good presence in the area. General Manager of District Industries Center may be associated.
(d) For each existing unit, review should be done at length to understand their problems and their possible resolution. Efforts should be made to identify the reasons for shortfall / poor performance and unit-wise action plan should be prepared for removal of bottlenecks. It should be ensured that the unit should have an export promotion strategy as well tentative targets for next few years, so that it has an idea as to what is to be achieved by them. Effective action should be taken against erring units to discourage any misuse of the scheme.
(e) For units under implementation, separate review be held so that their issues could be resolved.
(f) At such places, if any infrastructure gaps are noticed, District Administration may be advised to prepare projects which can be routed through State Government to the Ministry for approval under Scheme for central Assistance for Developing export infrastructure and other allied activities (ASIDE).
(g) Based on the joint review Development Commissioner concerned would prepare a report for information of the Department of Commerce and CBEC and suggest corrective measures to enable the defaulting units to fulfill their obligation as per EOU Scheme / Customs Notifications.
8. QUARTERLY AND ANNUAL MONITORING OF SEZ UNITS
(a) The performance of the SEZ units shall be monitored by a Committee as provided for in the SEZ Scheme.
(b) The performance of the SEZ units to be monitored each quarter period on the basis of reports received on formats prescribed in SEZ Scheme.
(c) Annual monitoring would be undertaken on the basis of APR prescribed in Annexure IV of Appendix 14-IF. However, penal action is to be initiated only if NFE achieved is negative at the end of first five years.
(d) During the joint review, efforts should be made to identify the reasons for shortfall/poor performance and unit-wise action plan should be prepared for removal of bottlenecks through such a review.
(e) Based on the joint review, Development Commissioner concerned would prepare a report for the information of the Department of Commerce and CBEC and suggest corrective measures to enable the defaulting units to fulfil their obligations as per SEZ Scheme/Customs Notifications
PROFORMA-I
(To be submitted by the Zone)
I. APPROVAL AND IMPLEMENTATION OF EOU/SEZ UNITS:
| a) No. of valid approved units | : |
| b) No. of units cancelled | : |
| c) No. of units finally debonded | : |
| d) No. of exporting units | : |
| e) No. of units under implementation | : |
| f) No. of units yet to be implemented | : |
II. RESULT OF MONITORING :
| | 2001 - 2002 | 2002 - 2003 |
a. | EOU/SEZ UNITS:
Units which are operational for more than 1 year. | | |
| b. | Units with negative NFE at the end of 3rd or subsequent years. | | |
| c. | Details of outstanding export proceeds (where the period of realisation is not extended by the competent authority) beyond 180/360 days at the end of financial year.(180 days for EOUs and 360 days for SEZ units) | | |
| d. | Revenue contributions by the units(a)Excise duty on DTA sale during the financial year (b)Income tax paid, if any, during the year(c)State taxes, cess duties & levies(including CST paid on domestic procurement).(d)Tax deducted at source in respect of employees.- | | |
PROFORMA-II
(To be submitted by the Zone)
SPECIAL ECONOMIC ZONE
Summary of Annual Performance Report for the year 2003-04 Sector Wise
| Sl. No. | Name of Unit with ID Number in case of EOU | Date of Commen-cement of production | Item of Manu-facture | Value of capital goods imported | Value of RM compo-nents etc. | Other outflow of FE towards knowhow, Commission etc | Total invest-ment made | Employment Generated so far |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| | | | | | | | | |
| Value of exports | NFE achieved during the period | Value of Sales made in DTA | Remarks |
| 10 | 11 | 12 | 13 |
| | | | |
(To be submitted by the unit)
PROFORMA-III
NAME OF THE UNIT
(Rupees in lakhs/
$ in Million): |
Month of operation CG Import
(Actual): |
1. Item of manufacture:
2. Date of Commencement:
| 3. Export | : |
| 4. Inter Unity supply | : |
| 5. C. G. debit | : |
| 6. Imported RM/inputs used | : |
| 7. Other outgo of F. E. | : |
| 8. Total Imports | : |
| 9. NFE | : |
| 10. DTA Sale | : |
11. Details of outstanding export proceeds (where the period of realisation is not extended by the competent authority) beyond 180/360 days at the end of financial year.
(180 days for EOUs and 360 days for SEZ units) | |
12. Revenue contributions by the unit
(a)Excise duty on DTA sale during the financial year
(b)Income tax paid, if any, during the year
(c)State taxes, cess duties & levies (including CST paid on domestic procurement).
(d)Tax deducted at source in respect of employees. | |
| 13. Remarks | : |
ANNEXURE-I
CALCULATION OF NFE
1. While calculating NFE achieved, following basic components are to be taken into consideration:
i. Amortised value of capital goods and technical know how fee
ii. Value of import of R. M. (which is consumed during the year and consumables, spares, etc.).
iii. Other outflow of foreign exchange towards royalty, interest on external commercial borrowings etc.
iv. Value of physical exports effected excluding DTA sales but including supplies made under para 6.9 of the Chapter 6 of the Exim Policy & paras 7.16.1 to 7.16.2 of the Chapter 7 of the Handbook of Procedures (Vol.-I).
2.
Amortised Value of Capital Goods: For this purpose as much value of CG is taken into account as indicated in para 6.10.4 of Chapter 6 and in para 7.12.4 of the Chapter 7 of the Handbook of Procedures (Vol.-I). The CG imported prior to the 10 years period is not taken into consideration for the purposes of NFE if the value of said CG is fully amortized. If any capital goods imported duty free is leased from a leasing company or is taken in loan the CIF value of the capital goods shall be included under the imported inputs. However, on return of such CG its unamortized portion of value would be excluded from the calculation formula.
3.
Import of raw material, consumables and spares etc: Whatever R. M. Consumables and spares are imported during the year are taken into account. However, it should be noted that whatever R. M. is in balance at the end of the previous year is added while the RM at the end of the current year is deducted which will give the amount of RM consumed during the year. RM purchased as inter-unit transfer is also included.
4.
Other outflow of foreign exchange: All the foreign exchange outflow on account of royalty, dividends, commission on exports, interest on external commercial borrowing etc., during the particular year has to be accounted for while calculating value addition. However outflow on account of know-how fee would be apportioned during a period of ten years as applicable
5.
Value of exports: While calculating value of exports, DTA sale made during the year are not to be accounted for. However, supplies made in accordance with para 6.9 of the Chapter 6 of the Exim Policy & paras 7.16.1 to 7.16.2 of the Chapter 7 of the Handbook of Procedures (Vol.-I) will be taken into consideration for calculation of NFE.
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